MILITARY PERSONNEL AND FAMILY LAW IN KENTUCKY

Do I have to have "grounds" for divorce if I'm in the military?
The short answer is "No." For an explanation of "grounds for divorce" as that term might be used in Kentucky, see Grounds for Divorce on our website.

What are the requirements to file in Kentucky?

Resident of Kentucky for 6 months: 
As with any divorce filed in Kentucky, one of the parties must have been a resident of Kentucky for at least 180 days before filing the petition for divorce. Any military personnel who have been stationed at a military base within the Commonwealth of Kentucky for at least 180 days meet this requirement, regardless of where their permanent homes may be situated.

Jurisdiction: 
Kentucky statutes provides the circuit courts with jurisdiction of a Family Law matter if it "finds that one of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition."

What's the first step in filing for divorce in Kentucky?
A formal Petition for Dissolution of Marriage, Summons, VS-300 and Family Court Case Data Sheet must be filed with the Clerk of the Circuit Court or Family Court and served upon the other spouse.

How will my wife/husband be served?
Your spouse (the "Respondent") will likely be served either (a) by the County Sheriff or (b) by Certified Mail. In certain circumstances, it will be necessary to have a Special Bailiff appointed to make service, particularly if your husband or wife tries to avoid service.

What happens after he/she is served?
Your spouse has twenty (20) days from the date he or she is officially "served" with the Summons to file a response to that Petition or risk a default judgment being entered.

Will we have to take "parenting classes"?
If minor children are involved, in many counties (especially Jefferson County), both parties must attend Families in Transition classes, which must also be attended by the children. A decree cannot be entered until these classes have been completed. However, it is possible to substitute participation in a similar program or to even have the court waive one's obligation to participate in special circumstances.

What if our divorce is uncontested?
In some counties (including Jefferson County), both parties must file financial disclosures.

Do we have to file a settlement agreement?
If neither of you are contesting the divorce, then a settlement agreement must be signed by both parties and filed with the Court resolving all potential issues such as child custody, child support, child visitation, restoration of non-marital property, division of real and personal marital property, payment or waiver of maintenance (alimony), division of pensions/retirement benefits, division of responsibility for marital debts, etc. The Court will have to confirm that it does not find the terms set out in this agreement to be unconscionable.

Will my wife/husband have to get a lawyer?
The Respondent may choose to waive his/her right to legal counsel in this action and, if so, he or she must sign and file a formal waiver of that right.

Will we have to appear in court?
Assuming all of the above requirements have been satisfied, either party can submit "jurisdictional proof" in the form of written interrogatories administered under oath and the Court may then enter a Decree of Dissolution.

Is there a waiting period in Kentucky? 
If minor children are involved, you will have to wait at least sixty (60) days after your spouse is served with the divorce petition before a Decree can be entered. If you are no longer stationed in the Commonwealth of Kentucky at the end of this 60-day period, it should be possible to proceed with the conclusion of the divorce action and entry of a decree.

Child Support, Child Custody & Visitation: 
See the Child Support and Child Custody sections of our website for general information on these subjects. U.S. military regulations provide that, in the absence of a court order or separation agreement specifying support, the soldier is required to provide interim financial support to his family members in an amount equal to his/her basic allowance for quarters (BAQ) at the with dependent rate. This amount may be pro-rated among his family members.

Military Retirement and Pension Benefits: 
Military retirement pensions are considered marital property even if you have not reached retirement eligibility. A formula will be applied awarding the non-military spouse a portion of the military pension based upon the number of years the parties were married to each other and while he/she was in the military. The retirement pension division can include one's time in the Reserves. The Uniformed Services Former Spouses Protection Act addresses a spouse's rights to a division of military pension, direct payments, medical benefits, and annuities (Survivor Benefit Plan).